Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2),498

Law: Penal Code (XLV of 1860)

Section: 322

[Sindh (Mirpurkhas Bench)](a)    Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), S. 322---Qatl-bis-sabab---Bail, grant of---Further inquiry---Accusation against the applicant was that due to a matrimonial dispute between the deceased and his wife, he recorded a video clip, making allegations against his wife to the extent that she had indulged in extra matrimonial affairs with the applicant thus, he had no option but to commit suicide which he did, therefore case against applicant was registered under Section 322, P.P.C based on such video clip---Section 322, P.P.C, qatl-bissabab is punishable with Diyat only---Accused could not be sent behind bars when charged with an offence under S.322, P.P.C because, even if he pleaded guilty at his trial and was convicted, he could only be imprisoned if he failed to pay the Diyat sum---Incarceration of accused would, therefore, amount to punishing him before conviction---Where the criminal liability of an accused of an offence is Diyat only, the offence does not fall within the prohibitory clause--Where an offence does not fall within the prohibitory clause, the acceptance of bail is the rule and rejection is an exception---Besides, the liability of the present applicant or charges leveled against him could only be determined by the trial Court after recording and evaluating the evidence---At the bail granting stage, the material available on record was to be sifted through to establish whether, on the face of the record, the accused person before the Court could be connected to the crime in question, hence no detailed inquiry was to be conducted by the Court---Thus, being so, the detention of the applicant pending trial could only be justified if the case falls within the scope of any of the exceptions---Nothing was on record of the present case that might attract any of the said exceptions and justify the denial of post-arrest bail to the applicant at present stage---Facts and circumstances of the case, made it a case of further inquiry---Bail application was allowed, in circumstances.Muhammad Najeeb v. The State 2009 SCMR 448 and Shahzad Ahmed v. The State 2010 SCMR…